High Court of Gujarat

MUKHTAR ABUBAKAR SULTANversusMOINDUDDIN AHMED CONTRACTOR

Decided: 11 August 2026
Disposal: DISPOSED AS INFRUCTUOUS
Bench: NIRZAR S DESAI

Holding

The petition is dismissed as infructuous.

Summary

The petitioners, Mukhtar Abubakar Sultan and others, filed a special civil application against Moinduddin Ahmed Contractor and others. The petitioners submitted two certificates from the Gujarat State Wakf Board confirming that the Navi Masjid Sanjan Bandar is a registered Wakf trust (Registration No. B-274:Valsad) and that the petitioner continues to serve as President and trustee, as recorded in the minutes of the trust's Annual General Meeting held on 16 October 2016. Relying on these documents, the petitioner's counsel argued that the relief sought in the petition was no longer necessary. The court accepted that the petition had become infructuous. Consequently, the court disposed of the petition as infructuous without awarding costs.

Issues considered

What is the appropriate disposition of a petition that has become infructuous due to the petitioner obtaining the relief sought?

Subjects

Wakf
trust registration
infructuous petition
civil procedure
Gujarat State Wakf Board

Judgment

       C/SCA/18672/2016                                                              ORDER DATED: 11/08/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO.18672 of 2016
=========================================
                           MUKHTAR ABUBAKAR SULTAN & ORS.
                                       Versus
                         MOINDUDDIN AHMED CONTRACTOR & ORS.
=========================================
Appearance :
MR ADIL R MIRZA for the Petitioners.
MR AFTABHUSEN ANSARI for the Respondent No.2.
MR. ZEESHAN K KADRI for the Respondent No.1.
NOTICE SERVED for the Respondent No.3.
=========================================
 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                             Date : 11/08/2026
                                                  ORDER

                    Learned advocate Mr. Adil Mirza appearing for the
petitioners places on record two documents in the form of
Certi6cates issued by the Gujarat State Wakf Board dated
24.7.2024 stating that Navi Masjid Sanjan Bandar is a Trust
registered with Gujarat State Wakf Board vide Registration No.B-
274:Valsad and the present petitioner is the President of the
aforesaid Trust. Mr. Mirza also places on record a photocopy of
the handwritten document which is minutes of the Annual General
Meeting of the Trust held on 16.10.2016 stating that the present
petitioner shall continue as the Trustee along with the other
Trustees and the applicant was present in the aforesaid meeting as
per Resolution No.8. The aforesaid documents are taken on record.
2.                  In view of the above documents, learned advocate Mr.
Mirza states that this petition has become infructuous and,
therefore, the same may be disposed of as having become
infructuous. Accordingly, the present petition stands disposed of
as having become infructuous. Notice is discharged. No order as
to costs.
                                                                                 (NIRZAR S. DESAI,J)
SAVARIYA
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 11/08/2026 17:31:37

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